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The second anniversary of the Malaysian Trademarks Act 2019, on December 27 2021, came and went without much fanfare. By the time the new year of 2022 had announced itself, the general perception was that the relevant stakeholders and the…
An applicant or an inventor may wish to first-file a patent application in a foreign country other than their country of residence. In such instances, many countries have a first filing requirement under which patent applications must be first-filed in…
YKL Engineering Sdn Bhd (“YKL”) is a designer and manufacturer of specialized machinery and equipment for palm oil processing. YKL is also the registered owner of Malaysian Patent No. MY-139512-A (“the Patent”) in respect of a Fruit Bunch Splitter (“the…
Malaysia joined Madrid Protocol – The International Trademark System – on 27 December 2019. Let’s review how the system can benefit trademark owners. BACKGROUND Before 27 December 2019, there was only one way for trademark owners to apply for a…
It may be an opportune time to revisit the saga between Tan Kim Hock Tong Seng Food Industry Sdn Bhd (‘TKHTS’) and Tan Kim Hock Product Centre (‘TKHPC’), first covered in our article A Sticky Situation The case which kicked things…
On 31 March 2022, Malaysia deposited the instrument of ratification at the World Intellectual Property Organization (WIPO) Headquarters in Geneva and officially acceded to the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of…
The long-awaited Patents (Amendment) Act 2022 together with the implementing Regulations has finally come into force on 18 March 2022. After more than a decade of intense discussions, proposals, and referendums, the amended Act was tabled, read and passed by…
One of the notable new provisions that was encapsulated in the recently enforced Trademarks Act 2019 is the concept of ‘registrable transactions.’ In brief, registrable transactions acknowledge and recognize registered trademarks as personal property or moveable property and may be…
Pursuing patent protection for computer software related inventions have always been complicated affairs. Notwithstanding the substantial differing substantive requirements employed by different patent jurisdictions from around the world on the subject matter, applicants also potentially face subject matter exclusion objections…
Patent protection can become a valuable commercial tool and important investment in technology for many businesses. All businesses may have a good technology or invention worth protecting which could be an essential and invaluable asset. Understanding what patent rights can…
As known to many trademark protection is territorial in nature. Trademark applications filed in Malaysia and once registered and entered into the Register confer on the proprietor the exclusive rights to use and exploit the mark in Malaysia. Even so,…
What’s in a name? Everything it would seem. In today’s celebrity-filled landscape, it takes but a few moments for us to think of famous individuals and we each have our pick of musical artists, film/television stars, sports superstars and media…